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INDUSTRY NEWS Funeral Consumer Alliance Sues FTC Over Funeral Rule "Cash Advance" Interpretation Recently, the Funeral Consumer Alliance, a consumer advocacy group, filed a Petition for Review against the Federal Trade Commission in the U.S. Court of Appeals for the District of Columbia. At issue is the FTC's July 7, 2005 advisory letter concerning the "Cash Advance" litigation pending in Texas state court, Hijar v. SCI Texas Funeral Services, Inc. (see the July 8, 2005 Special Edition of ICFA Wireless for details). An El Paso circuit court in Hijar held that all goods and services obtained by a funeral home from a third party - including caskets and alternative containers - must be treated as "cash advance" items under the Funeral Rule, and the markup for each item must also be disclosed. The July 7th FTC letter stated that "the court is incorrect.... This was not and is not the Commission's intention in the 'cash advance' provisions of the Rule." The petition filed by Funeral Consumer Alliance, and three individual consumers, with the federal appeals court seeks to have the FTC advisory letter invalidated. Petitioners' Statement of Issues raises two arguments: first whether the FTC letter "should be set aside because it constitutes a 'substantive amendment to, or repeal of' the Funeral Rule...in violation of the [FTC's] procedural requirements, including public notice and comment requirements." Second, "whether the FTC's July 7, 2005 letter regarding the Funeral Rule should be set aside because it constitutes a rule promulgated under [U.S. Code citation] in violation of the [FTC's] procedural requirements, including public notice and comment requirements." The briefing schedule is ongoing and no date has been set at this time for oral arguments. The complete text of the FTC letter can be viewed on the FTC Web page at www.ftc.gov/os/2005/07/050707funeralruleadvoopin.pdf. In California: Bodies Donated to Science May Be Commingled When Cremated A California appeals court held that bodies donated to science through the University of California's "willed body program" are exempt from the legal requirement binding on private crematories that human remains must each be cremated separately and cannot be commingled. In Robert Bennett, et al. v. Regents of the University of California, plaintiffs who are close relatives of the deceased body donors sought class action status by alleging, among other issues, that the university improperly cremated more than one cadaver at a time. Under the agreement that donors sign, the court found that "UCLA made no promises to cremate bodies separately .... Donors were told that their remains would be 'buried without record.' There was no promise to inter the cremains of each donor separately, and it would not be reasonable to imply such a promise...." The court held, "The Legislature has recognized the impossibility of individual cremations for human remains that have been subject to scientific study. It created an exemption from the usual rules requiring individual cremations...." The court also dismissed allegations that the university disposed of cremated remains in a landfill, based on the lack of "any admissible evidence." The litigation apparently will continue as a series of individual claims, and not as a class action, but the issues highlight the misunderstandings that can arise in body donation and the expectations of the families involved. In Texas: Alleged Commingling of Cremated Bodies Donated to Science is Not Actionable A Texas appeals court held that various claims by a widow against the University of Texas alleging the mishandling of her husband's body that had been donated to science were not actionable, and the university was immune from contract and tort claims. The deceased had executed a document in order to donate his body to the University of Texas Medical Branch's "Willed-Body Program" with the provision that the body be returned to his family after cremation. The agreement also contained an express relinquishment of rights and claims for liability against the Anatomical Board of the State of Texas and the receiving institution. The cremated remains were subsequently commingled with other donors' cremated remains so that they could not be returned to the family. The widow sued for breach of contract and tort claims against the university alleging the mishandling of her husband's remains by commingling. The appellate court affirmed the lower court's decision by holding that the university did not waive its sovereign immunity as a state institution, and that the widow was required to plead and prove that she followed statutory provisions for resolving claims against the state. Similar to the California decision noted above, consumers may unknowingly be waiving some significant rights and expectations when their relatives decide on anatomical donations. ICFA NEWS ICFA to Join TCA for Cemetery Operations Conference: Rooms are limited so reserve yours early! The ICFA will hold its Cemetery Operations & Maintenance Conference in conjunction with the Texas Cemeteries Association Annual Convention, April 9-11, 2006, at the Omni Hotel in San Antonio, Texas. Designed specifically for cemetery professionals, the conference will offer:
Known as one of the most enjoyable Convention cities in the United States, San Antonio is rich in history and Southern charm. Bring your family and visit the Alamo, take a tour at the Natural Bridge Caverns and explore the Riverwalk, with its three miles of retail shops, restaurants and nightclubs. A short drive from the hotel are the Malibu Castle, several museums and exciting theme parks, including Sea World of Texas and Six Flags Fiesta Texas. Rooms at the Omni are limited, so make your reservations early! Book your rooms at the discounted conference rate of $98 single/double by calling 1.800.400.1700. Be sure to indicate you are with the Texas Cemeteries Association Convention at the Omni Hotel San Antonio. Program details and registration information will be available in the near future at the TCA Web site; www.txca.us and at the ICFA Web site; www.icfa.org, or by calling ICFA at 1.800.645.7700. ICFA Lowers Price for 2006 Music License Does your business have its 2006 music license yet? If not, now is the time to sign up! If your funeral home or cemetery uses copyrighted music during services, you are required by law to have a music license. In 2005, the ICFA became the first organization to offer a significant group discount music license as an alternative to outrageous music licensing fees. Due to exceptional industry-wide support of the ICFA Music License program, for 2006 the association has achieved a further volume price break on licensing and is passing on that discount to its licensees. The 2005 Music License Membership fee was $238; for 2006 the fee will be just $232. The $232 fee covers music licensing with all three licensing agencies -- ASCAP, BMI and SESAC -- with no added fees. Membership is open to any company in the cemetery and funeral service industry in the United States. For details and to register, visit www.icfa.org/music or call the ICFA at 1.800.645.7700. The Venetian: Old World Charm, New World Amenities The 2006 ICFA Annual Convention, "Building on Our Past, Designing Our Future" will bring together the "old" and the "new," as more than 1,200 practitioners from cemeteries, funeral homes and related businesses gather to build on their past success and explore future opportunities for growth and service. The Convention will take place March 13-16 at the luxurious Venetian Resort, Hotel & Casino in Las Vegas, Nevada, where attendees can enjoy the romance and beauty of Old World Italy in the heart of the glitz and glamour of the Vegas strip. At The Venetian, you can escape to 18th Century Italy, while enjoying 21st Century luxury. Take a walk on the resort's cobbled Venetian Streets, sip a cappuccino at an Italian cafe, or treat yourself to a Gondola Ride through the winding Grande Canal. Next, you can retreat to your luxury suite equipped with modern amenities, including two televisions, a fax machine/printer, a refreshment center, three dual telephone lines and a separate modem line—the largest rooms on the Strip! The Venetian Hotel offers the best of both worlds, bringing the historic landmarks of Venice to you with the comforts and conveniences of home. Covering funeral service, cemetery management, cremation and pre-need sales, the 2006 Annual Convention and Exposition is the only convention providing comprehensive education for every segment of the profession. With hundreds of exhibits, nearly 50 speakers and more breakout sessions than ever before, you will experience amazing networking opportunities and specific "how-to" instruction to help your business develop and prosper. Join the leaders of the cemetery, funeral and memorialization profession as we look to the future of our profession. To check out the online Convention program, or download a registration form and hotel reservation form, visit www.icfa.org/ac06.htm, or call 1-800-645-7700. Register Today for Wide World of Sales Conference It's a common maxim in sales: Why put off until tomorrow what you can do today? Whether prospecting, following up on leads, making presentations or obtaining referrals, the ability to take timely, decisive action can mean the difference between the success or failure of your sales program. On an even larger scale, this also is true for your career and staff development efforts. If you want 2006 to be your company's most successful year ever, take the time today to register for the 2006 Wide World of Sales Conference, January 12-13 at Treasure Island in Las Vegas, Nevada. Put together by 25 of the cemetery and funeral profession's top sales and marketing experts, this event will be the best investment of time and money you can make. "Reality Based Selling" will be the largest Sales Management and Marketing Conference in ICFA's history, offering even greater networking opportunities and a larger selection of topics and speakers than ever before. Your registration includes:
The largest pre-need sales conference in the world includes 18 speakers on 15 "how to" topics such as lead generation, effective presentation skills, how to overcome the fear of making cold calls and door knocking, cremation marketing, family service follow-up programs, partnering with outside businesses, recruiting and hiring top producers and more. Attendees who register before December 5 receive a discounted registration fee. Companies sending more than one attendee receive further discounts. For a complete conference program and to download a registration form, visit www.icfa.org/sales06.htm or call 1-800-645-7700. CLASSIFIED ADS Preneed Sales Management Position If you are looking for a career opportunity at a great location, we are looking for an experienced sales manager for our preneed sales department. We are a 120-acre memorial park located on the beautiful Palos Verdes Peninsula in Southern California. Our recently updated Master Plan illustrates 25-50 years of additional development and sales. Experience in pre-developed mausoleum sales is desirable. The ability to immediately expand the sales team and its results through recruitment, training and motivation is essential. The successful candidate will work closely with senior management and be responsible for developing and implementing departmental budgets. Excellent compensation and benefits. Please fax or email your resume to Ray Frew, Green Hills Memorial Park, 310-521-1320 fax; drfrew@aol.com. See our Web site at www.greenhillsmemorial.com. Please do not call. Computer Software Do you know where all your information is? Are you tired of the same old options out there? Are you looking for more from your computer system? MACCSTM, from FPA Software, is the complete mortuary and cemetery solution, providing all the functionality and features needed to effectively manage and operate a memorial park and mortuary today. From pre-need sales prospecting all the way through interment (and everything in between!), MACCSTM provides an easy to use, flexible, and completely integrated system for a memorial park and mortuary providing funeral services. Consistent with our approach of providing a completely integrated solution, the MACCSTM Mapping module provides GIS mapping capabilities integrated in real-time with information in the MACCSTM cemetery property database. Mortuary case management, service tracking, cemetery property management, integrated mapping, accounts receivable, pre-need trusts, serialized casket inventory, complete reporting and forms management - MACCS has it all. Please feel free to contact us at 818-501-3390 or visit our website at www.fpasoftware.com/maccs to learn more about MACCSTM. Reach Thousands of Cemeteries and Funeral Homes With Your Classified Ad!
And more ... The ICFA Store allows members to purchase the latest ICFA resources and training products online. Some products are available for immediate direct download, including the newly released Wirthlin Report on consumer attitudes and article packages on cremation, cemetery and funeral home valuations and trust funds. The ICFA News Page takes you to sources throughout the world for industry news and updates. It brings you the most comprehensive selection of funeral service and cemetery news available anywhere, along with frequently updated general news items related to national and world events. The News Page reports the news before anyone else and is one of the most visited page on the ICFA Web site. Stop in each day and you'll see why. The Network is an online e-mail service that offers ICFA members an easy, free way to share questions and answers to everyday on-the-job challenges. Recent discussions have examined issues such as working with the Muslim community, distance between burial sites, direct mail marketing, the growing popularity of geocaching at cemeteries, recruiting staff and more. Ideal for smaller companies with smaller budgets. Join today! The ICFA Internet Expo is the largest online exposition in the cemetery and funeral service industry. Cemetery and funeral home owners and operators will find 300+ providers in more than 100 product and service categories. Exhibit space is provided as a free, exclusive benefit to all ICFA supplier and professional members. Check it out today! Need a labor relations and employment law attorney? Check out ICFA's HR Law Benefit program offering members no-cost telephone legal consultations, paid for by the ICFA via an exclusive retainer agreement. ICFA members now also have access to an attorney for tax-related questions regarding trust earnings, care fund allocations, capital gains, investments and more. The ICFA has retained Leslie Schneider, CPA, a tax attorney with Ivins, Phillips & Barker in Washington, D.C., for telephone consultations for up to 20 minutes with no obligation. To take advantage of this member benefit, call Schneider at 202.393.7600. The ICFA and Applied Merchant Systems of Chicago, Illinois, currently offer members a Credit Card Processing Program with a special low discount rate of 1.75 percent, with no per transaction processing fee. This new benefit makes it less expensive for cemeteries, funeral homes, memorial designers and related businesses to accommodate customers who wish to pay via credit card. For more information, call 1-800-675-6573. The ICFA Insurance Program, administered by Driver Alliant, allows members to purchase commercial property and casualty insurance -- including general liability, commercial property, automobile liability and physical damage, umbrella liability, professional liability, workers compensation, employee benefits and more -- at rates they probably would not be able to afford on their own. To advertise in the ICFA Wireless: The ICFA accepts limited advertising in the ICFA Wireless newsletter, a bi-weekly newsletter e-mailed to all ICFA members that are current on their dues and have provided a current e-mail address. For rates and to place your insertion, contact Quan Phan at qphan@icfa.org or 1.800.645.7700. To unsubscribe from the ICFA Wireless: Send an e-mail with "unsubscribe" in the subject line to: wireless@icfa.org. Please include your name and company name in the body of the e-mail. International Cemetery and Funeral Association 107 Carpenter Drive, Suite 100 Sterling, VA 20164 1.800.645.7700 703.391.8400 Fax: 703.391.8416 www.icfa.org Copyright 2005 International Cemetery and Funeral Association. |
